West Virginia Judiciary

Supreme Court of Appeals Argument Docket

Tuesday, March 6, 2018

Rule 20 argument - 10:00 a.m.

Holly McIntire v. Kellie Dawn Hope, et al., No. 17-0426 - Petitioner appeals the order of the Circuit Court of Harrison County, entered on January 25, 2017, denying petitioner’s request for compensation for her role as personal representative in a wrongful death action. Respondents are beneficiaries of the decedent’s estate who objected to petitioner’s request. RESCHEDULED TO FEB. 27, 2018.

J.C. v. Pfizer, Inc., et al.., No. 17-0282 - In this “Zoloft litigation” case, children, by and through their mothers, allege they suffered birth defects caused by in utero exposure to Zoloft, an antidepressant manufactured and marketed by respondents Pfizer Inc.; its former division, Roerig; and Greenstone LLC. Petitioners appeal the Mass Litigation Panel’s February 15, 2017, order granting summary judgment to respondents and dismissing petitioners’ negligence and strict liability claims with prejudice. The Mass Litigation Panel based that order on petitioners’ failure to timely acquire an expert witness to establish the inadequacy of respondents’ warning label for Zoloft. JUSTICE KETCHUM DISQUALIFIED. JUDGE WILKES SITTING BY SPECIAL ASSIGNMENT

Rule 19 argument

California State Teachers’ Retirement System, et al. v. Don Blankenship, et al., 14-1339 - Petitioners were shareholders in the now-defunct Massey Energy Co. (“Massey”). Respondents are former Massey directors or officers. Petitioners appeal the November 20, 2014, amended final order that dismissed their amended complaint (containing derivative claims only) against respondents, and denied petitioners’ motion for leave to file a second amended complaint (asserting both derivative and direct claims) against respondents. Petitioners contend that the dismissal lacks legal and factual foundation, is not countenanced by the procedural rules, and has denied petitioners due process of law.JUSTICE DAVIS DISQUALIFIED. JUDGE TABIT SITTING BY SPECIAL ASSIGNMENT

Pat Reed, Commissioner, West Virginia Dept. of Motor Vehicles v. Brian A. Boley, 17-0174 - Petitioner appeals the circuit court’s January 17, 2017, order reinstating the driver’s license of respondent. Petitioner argues that the circuit court erred in finding that delay in the consideration of respondent’s appeal for reinstatement of his driver’s license was due to the actions or inactions of petitioner. Further, petitioner argues that the circuit court failed to make any evidentiary findings regarding the delay in the proceedings.